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  • Stamping question

    My scenario:
    • Traveled to US on Feb 2009 with L1 Visa & I797 petition - both Valid until Oct 2011
    • The India passport expiry date was Nov 2010.
    • On POE, the POE officer gave me I94 up to Nov 2010 which same as the passport expiry.
    • After obtaining the new passport here from the Indian embassy, applied for the I94 extension thru the employer during Nov 2010 and got that approved with New I797 attached with new I94 valid up to Nov 2012
    • I am planning for a month vacation trip to India around Q2 2011

    Questions
    1) While leaving the country I should hand over both (my Old I94 which I have received in POE and my new I94 which came thru the new approval Notice) to the airline authorities.
    Is that correct?
    2) Can I come back to US again using the valid visa stamped on Old passport which was obtained based on Old I797 petition?
    OR
    I should go for the VISA stamping based on my new I797 and get the new VISA stamped on new passport before I travel back?

    Kindly let me know the options and possibilities. Thanks in advance

  • #2
    1) While leaving the country I should hand over both (my Old I94 which I have received in POE and my new I94 which came thru the new approval Notice) to the airline authorities.
    Is that correct?
    >>> That is correct. You should return all the I-94's that you have when you leave the country.

    2) Can I come back to US again using the valid visa stamped on Old passport which was obtained based on Old I797 petition?
    OR
    I should go for the VISA stamping based on my new I797 and get the new VISA stamped on new passport before I travel back?
    >>> You can return back with the existing VALID L1 visa. No need to go for stamping again. By showing the latest approval notice at the POE, you will get the I-94 until the extended petition expiry date.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      L1 Extension stamping question

      Can somebody please confirm my understanding?

      I am in USA and I just have got approved my L1B extension petition.
      Will I receive new I-94?
      After this if I visit to India, are you sure we don't need to do VISA stamping for extended period?
      If we don't stamp it then is there any risk? Because at most of places we need to show copy of VISA
      Or can we stamp it in USA?
      What is recommended?

      Comment


      • #4
        I am in USA and I just have got approved my L1B extension petition.
        Will I receive new I-94?
        >>> You should have received a new I-94 attached to the extended L1 approval notice. You cannot stay in the country with an expired I-94. If your old I-94 has already expired and if you did not get a new I-94 with the extension, then your period of stay from the I-94 expiry date will be considered illegal and you should leave the country immediately to avoid future issues with stamping and new petitions.

        After this if I visit to India, are you sure we don't need to do VISA stamping for extended period?
        >>> You cannot re-enter U.S without a valid visa in the passport. If you want to return back to L1 status, then you will need to re-enter back with a valid L1 visa in the passport.

        If we don't stamp it then is there any risk? Because at most of places we need to show copy of VISA
        >>> Read the above answer.

        Or can we stamp it in USA?
        >>> Stamping can be done only by attending the visa interview in a U.S Consulate. U.S Consulates will be in other countries, not inside U.S.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          L2 Visa stamping

          Hi,

          I am currently in US with L1B visa and have applied L1B extension(only for me).
          My wife was in L2 Visa and she is in India now.

          I got extended petition now. Her I-94 got already expired.
          Can my wife in india can go for stamping with my extended petition.?

          Comment


          • #6
            Could somebody please let us know. I am also almost in same situation.

            Comment


            • #7
              I-94 should be valid while you are in the US and returned when you leave the US. If you are outside the US none of these matter.
              Your wife can get an L2 Visa using your approved petition and then travel to US.
              This is my opinion and not legal advice.

              Comment

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